HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.
Supreme Court of Nebraska.
CONNOLLY, J.
I. SUMMARY
We are asked to decide whether a flavored malt beverage is a beer or spirit under the Nebraska Liquor Control Act.1 It makes a difference. Beer is taxed at 31 cents per gallon; spirits are taxed at $3.75 per gallon. The question presented is not whether the Legislature could classify and tax beverages containing distilled alcohol as beer. It could. The question...
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